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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
TELETRAC LICENSE, INC.          )
                                )
Petition for Waiver of          )
Section 90.363(c) of the Rules  )
With Respect to Certain Multilateration)
Location and Monitoring Service Licenses)
                                )
                                 

                             ORDER


   Adopted:  March 25, 1998             Released:  March 25, 1998

By the Acting Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:

     1.  On February 25, 1998, Teletrac License, Inc. (Teletrac) filed a request for waiver of section
90.363(c) of the Commission's rules, 47 C.F.R.  90.363(c), which sets forth the spectrum conversion deadline
for existing Location and Monitoring Service (LMS) operations.  In February 1995, the Commission adopted
a new spectrum allocation scheme for LMS that differs from the previously authorized allocation band plan. 
Section 90.363(c) provides that grandfathered systems that were constructed and placed in operation on or
before February 3, 1995, have until April 1, 1998, to convert to the spectrum identified in their current LMS
system license.  

     2.  Prior to February 3, 1995, Teletrac served approximately 35,000 vehicles in six major markets and
had, by December 31, 1996, constructed and put into operation facilities in those markets in compliance with
the LMS licensing scheme.  In order for Teletrac's customers to operate on the LMS band plan, Teletrac must
reconfigure its customers' Vehicle Location Units to conform to the reassigned frequencies.  Although Teletrac
has converted approximately 23,000 of its customers' equipment to operate on the new frequencies, a number
of its customers have not yet made their vehicles available for conversion and continue to operate on the
formerly assigned frequencies.  In its petition for waiver, Teletrac requests that it be granted an extension of
the construction deadline of 180 days, or until the LMS spectrum auction is held, to complete a changeover
of equipment in its customers' vehicles.  

     3.  The Commercial Wireless Division has reviewed Teletrac's waiver request as well as the specific
facts surrounding this petition and finds that an extension of the construction deadline is in the public interest. 
We believe that Teletrac has sufficiently demonstrated that unique circumstances exist in this matter.  We note
that Teletrac has complied with the LMS construction requirements and is operating in its reassigned spectrum
and that Teletrac requests relief only to replace customer equipment.  We are persuaded that, in this situation,
requiring Teletrac to cease transmitting on frequencies authorized on the former band plan would unduly
disrupt service to customers who have not yet been able to convert their equipment.  Accordingly, pursuant to
section 90.151 of the Commission's rules, 47 C.F.R.  90.151, Teletrac's petition for waiver of section
90.363(c) is granted, and Teletrac's conversion period is extended an additional sixty days, to June 1, 1998. 


     4.  This action is taken pursuant to the authority delegated in section 0.331 of the Commission's  rules,
47 C.F.R.  0.331.

 
                              FEDERAL COMMUNICATIONS COMMISSION



                              Steven E. Weingarten
                              Acting Chief, Commercial Wireless Division
                              Wireless Telecommunications Bureau